Articles Posted inBed Rail

Unfortunately, every day brings new stories about horrific instances of elder abuse and mistreatment. While any form of elder abuse is unacceptable, our San Diego nursing home abuse attorneys know that many instances of abuse or neglect may go undetected because they may not seem to be obviously caused by mistreatment. For example, our lawyers recently explained the important connection between nurse staffing ratios, quality of care at long-term nursing facilities, and elder abuse. It is tragic when one’s loved ones are harmed when the people entrusted with their care fail to adhere to the standard of care.

Under California elder abuse law, caregivers must provide the degree of care that a reasonable person in a similar position would exercise. This includes providing medical care appropriate for a senior’s physical and mental health needs. It also includes protecting elders from health and safety hazards. Skilled nursing home facilities typically have written care plans or nursing care protocols they must follow in order to ensure they are complying with the standard of care. The failure to follow a care plan can lead to serious injury or death, and can be the basis of a San Diego elder neglect lawsuit.

Sadly, not all nursing home workers follow the protocols established to ensure the safety of their patients. According to Wood TV, a family is suing a nursing home facility over the death of their mother. The elderly woman died when her tracheostomy tube got caught around a bed rail and became dislodged. A tracheostomy tube provides an air passage to help a person when the usual route for breathing is obstructed or impaired in some way. Because of her size, the woman was supposed to have the help of two nursing home assistants to ensure that her tracheostomy tube did not dislodge. However, when the accident occurred only one assistant was helping the woman.

Many elderly people use them in nursing homes, assisted living facilities, and the product in their own homes. They are “bed handles,” manufactured and sold by a company called Bed Handles, Inc, a bedside rail of sorts created to allow users easier ingress and egress from bed. Now, Public Citizen, the non-partisan consumer advocacy group, is announcing that the bed rails are dangerous to consumers.

“Contrary to the manufacturer’s claim that the Bedside Assistant bed handles make any bed a safer bed, data previously provided to the FDA demonstrate that these devices can turn a bed into a death trap for patients who are physically weak or have physical or mental impairments,” said Dr. Michael Carome, deputy director of Public Citizen’s Health Research Group.

State investigators said the fall could have been prevented if the bed rail, which was ordered, had been in place. As a result, a AA citation was issued against the facility, and a $90,000 fine assessed. The maximum fine allowable under California law is $100,000.

Bed rail entrapment is not a rare occurrence in the hospital and nursing home setting. Despite repeated warnings from consumer groups and the FDA, nursing facilities across the country are using hospital beds that violate well known FDA dimensional guideline addressing safe hospital beds and bed rails, creating in increased risk of suffocation and asphyxia.

The FDA has identified seven zones of entrapment, and made recommendations as to the acceptable dimensions of those zones to avoid entrapment hazards. Walton Law Firm LLP recently handled the case of an elderly woman who was found dead sitting on the floor next to her bed with her head wedged between the bars of her bed rail. She was literally hanging from the bed rail. The firm brought a lawsuit against the facility and the bed rail manufacturer for violations of FDA guidelines and other acts of negligence.

For those interested in learning more about the bedrail entrapment, and the identified zones, click here to see a diagram of the zones of entrapment. The video below is also an excellent instructional aid on the various ways a person can become entrapped in a hospital bed.

An Alzheimer’s patient was strangled by her bedrail while residing at an assisted living facility. She slid off her bed, became trapped between the mattress and the bed rail, and died from positional asphyxia. Bed rails, often used to prevent injuries, can be deadly if not used properly and under the right circumstances. Currently there are many defective bedrails on the market whose dimensions do not meet the current FDA recommendations. Walton Law Firm represents the family of the 90-year-old woman who is pursuing a claim against the residential care facility for the improper use of bed rails, and against the manufacturer and distributor for producing and supplying defective bedrails.

What Our Clients Say:

“From our first phone conversation, Mr. Walton provided a sincere interest in our case. My mother had suffered both abuse and neglect while in the care of a nursing facility, ultimately resulting in her death. My family and I would highly recommend Randy Walton.★★★★★- Judy S., San Diego -

"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress."★★★★★- Wayne G., Encinitas -

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"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket."★★★★★- Erik S., San Marcos -

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"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did."★★★★★- David C., San Diego -